Three Types of Disabilities Protected against Discrimination

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Three Types of Disabilities Protected against Discrimination

Staff Writer · Mar 8, 2010

There are three types of disabilities that are protected against discrimination. A landlord is not allowed to refuse an apartment to any person based on any of these three disabilities. They are physical, mental and emotional disabilities. Let’s take a look at all three in depth.

1. Physical Disability

Whether it is a person in a wheelchair, a person with a physical deformity, or a person shorter than average, these disabilities is not grounds for refusal of renting an apartment. As long as a downstairs apartment is available, and the person’s background checks out, there is no reason that a landlord could refuse the apartment to the person in the wheelchair. The same is true to the person missing a hand, arm, etc. And the short person is just a person, like everyone else. His height should not prevent him from renting an apartment. As long as their background checks out, they have a job or way to pay the rent, and they have their moving in money, there is no legal grounds for a landlord to refuse renting them the apartment.

2. Mental Disability

With this kind of disability it can be difficult to determine whether there’s discrimination. A person with a mental defect that can bring harm to other tenants might have a harder time renting. The landlord can refuse an apartment to this person, but it wouldn’t be discrimination. As a landlord, he has the responsibility to protect the general public at his complex. He has to put their safety first. However, a person that has a mental defect or disability in a mild state, or one that doesn’t pose an initial threat to others, such as depression or bipolar-ism, might not be a reason for refusal. This could be a case of discrimination. In mild cases, these problems wouldn’t need to be disclosed, as it is not part of the application. A background check will reveal any problems, if any, from the past. Depending on the outcome of the background check, the landlord might be legally able to refuse renting the apartment to that person.

3. Emotional Disability

Almost every person has some sort of baggage, but there are those who are severely damaged emotionally and who can’t control their feelings. During the initial meeting the landlord might be able to see the person’s scarred personality. This is not a reason to refuse renting the apartment to the individual. The person’s mood might swing often, and he might be unpredictable, but as long as his past is clear, he has a job, and pays the rent, he should be viewed no differently than any other tenant.

While laws vary from state to state, being discriminated against is illegal no matter where you reside. If you feel you have been discriminated against based on a disability, then check with local law enforcement or county courthouse for steps on how to rectify the situation.

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